New Delhi: The Supreme Court on Thursday refused to ease its ban on the sale and manufacture of firecrackers in the National Capital Region (NCR), including those labelled as green crackers. It declared that the right to health and to live in a pollution-free environment is a fundamental part of the right to life under Article 21 of the Constitution.
The decision was delivered by a bench comprising Justices Abhay S Oka and Ujjal Bhuyan, who firmly rejected arguments from firecracker manufacturers and traders. They had claimed the ban threatened their right to trade and affected their livelihoods.
‘Not everyone can afford air purifiers’
Traders had urged the court to consider a seasonal ban, especially during winter, when pollution levels typically spike. They also pushed for green crackers to be allowed, arguing these cause 30% less pollution than conventional ones, as per an affidavit from the Centre.
But the bench was not convinced.
“One can imagine the effect of air pollution on the common man as everyone cannot afford to have air purifiers at their residence or place of work. There is a section of the population that works on streets and they are the worst affected by this pollution,” the judges observed.
Green crackers still pollute, says Court
Despite being marketed as a cleaner option, green crackers were also denied an exemption. The court pointed out that no scientific report proves these are pollution-free.
“Unless it is shown that the pollution caused by the so-called green crackers is bare minimum, there is no question of reconsidering the decision,” the bench stated.
Traders can operate outside NCR
The bench acknowledged concerns about livelihoods but maintained that commercial interests cannot override public health. It also reminded petitioners that the ban applies only to the NCR.
“Traders and manufacturers are free to do business in the rest of the country except NCR, which is a very small part of the country,” the court said.
Storage loopholes make temporary ban ineffective
Responding to the suggestion of imposing the ban for only 3–4 months annually, the court warned it would be ineffective. Firecrackers, it noted, could easily be stockpiled and used during restricted months.
“There is no purpose in restricting the ban to a few months when firecrackers will be stored and used anyway during the prohibited period,” the bench explained.
Delhi-NCR has long battled hazardous levels of air pollution, especially during winter when air quality often dips to “severe” or “hazardous” categories. Firecrackers, particularly during festivals like Diwali, are known to contribute significantly to the problem. The blanket ban on firecrackers in NCR was put in place to reduce this burden and has been repeatedly upheld by the courts.
Thursday’s ruling reinforces the court’s view that air quality is a public health emergency, and any compromise, even in the name of tradition or trade, is untenable unless the science proves otherwise.
